What to Do if Charged with Criminal Conspiracy in West Virginia
Being charged with criminal conspiracy in West Virginia is a serious matter that can have long-lasting consequences. If you are accused of conspiring to commit a crime, the stakes are high. Conspiracy charges can carry severe penalties, even if the crime itself was never actually committed. At Frank Walker Law, we understand the gravity of conspiracy charges, and we are here to help you navigate the complex legal landscape in order to protect your rights and minimize the impact on your future.
In this blog post, we’ll walk you through what to do if you are charged with criminal conspiracy in West Virginia, explain how conspiracy charges work, and discuss the potential consequences. We’ll also cover how an experienced criminal defense attorney can help you mount an effective defense.
What is Criminal Conspiracy in West Virginia?
In West Virginia, criminal conspiracy is defined as an agreement between two or more people to commit a crime, with the intent to carry out that crime. Importantly, you do not have to have actually committed the underlying crime for the charge of conspiracy to apply. Simply planning or plotting a crime with others can lead to conspiracy charges.
For example, if two or more people agree to rob a bank, even if they never actually go through with the robbery, they can still be charged with conspiracy. Similarly, conspiracy charges can apply to a range of criminal activities, including drug trafficking, theft, or assault.
Under West Virginia law, criminal conspiracy can be a felony or misdemeanor, depending on the nature of the underlying crime. If the crime that is being conspired is a felony, the conspiracy charge is typically also a felony. If the planned crime is a misdemeanor, the conspiracy charge may be a misdemeanor as well.
What to Do if You Are Charged with Criminal Conspiracy
If you find yourself charged with criminal conspiracy, the first and most important thing is to remain calm and take immediate action. Here's what you should do:
1. Remain Silent and Do Not Speak to Law Enforcement Without an Attorney Present
The most crucial thing you can do when charged with criminal conspiracy is exercise your right to remain silent. Any statement you make to law enforcement officers can be used against you in court, even if you believe you’re just explaining yourself or providing clarification. Anything you say can be misconstrued and used to strengthen the prosecution’s case against you.
It’s essential that you do not discuss the details of the case with anyone until you have an attorney present. Once you’re in touch with an experienced defense lawyer, they will be your advocate and will handle communication with law enforcement on your behalf.
2. Contact an Experienced Criminal Defense Attorney
Criminal conspiracy charges are complex, and the consequences can be severe. A conviction for conspiracy can lead to significant prison time, hefty fines, and lasting damage to your criminal record. To defend against these charges effectively, you need a knowledgeable attorney who can assess the facts of your case, investigate the evidence, and formulate a strategy to challenge the prosecution's claims.
At Frank Walker Law, we specialize in defending individuals charged with conspiracy and other criminal offenses. We’ll analyze the details of your case, evaluate the strength of the evidence, and determine the best course of action to protect your rights and minimize the legal consequences.
3. Understand the Elements of a Criminal Conspiracy Charge
In West Virginia, the prosecution must prove certain elements in order to convict someone of conspiracy. These elements include:
Agreement: There must be proof that you and at least one other person made an agreement to commit a crime.
Intent: The prosecution must show that you had the intent to carry out the crime. This is often difficult to prove, as intent is a mental state that is not easily observable.
Overt Act: In some cases, at least one of the conspirators must have taken an overt act toward completing the crime. This might involve something like purchasing materials for a crime or surveilling a location.
It’s important to remember that mere knowledge of a crime being planned is not enough to charge you with conspiracy. You must have actively agreed to participate in the crime, and there must be a demonstrable plan to carry it out.
4. Investigate Possible Defenses
There are a number of potential defenses to a conspiracy charge that your attorney can pursue. Some of the most common defenses in criminal conspiracy cases include:
Lack of Agreement: If you did not actively participate in the agreement to commit a crime, your attorney may argue that no conspiracy occurred. This defense may be particularly effective if you were not aware of the plans or were simply a bystander.
Withdrawal from the Conspiracy: If you decided to back out of the plan before any overt act was taken, your attorney may argue that you are not guilty of conspiracy. Withdrawal must be demonstrated by clear evidence that you took steps to distance yourself from the conspiracy, such as notifying law enforcement or warning potential victims.
Insufficient Evidence: In many conspiracy cases, the prosecution relies on circumstantial evidence—such as conversations, phone records, or surveillance footage. Your attorney may challenge the sufficiency or credibility of this evidence and argue that it does not prove the conspiracy beyond a reasonable doubt.
Entrapment: If law enforcement officers encouraged or coerced you into participating in the conspiracy, your attorney may raise an entrapment defense. Entrapment occurs when the government induces a person to commit a crime that they otherwise would not have committed.
Alibi: If you can prove that you were not present or involved in the alleged conspiracy, your attorney can present an alibi defense to show that you had no role in the crime.
5. Understand the Potential Penalties of a Conspiracy Conviction
The penalties for a conspiracy conviction in West Virginia can be severe, especially if the underlying crime is a felony. Here’s an overview of the potential penalties you could face:
Felony Conspiracy: If you are convicted of felony conspiracy, you may face up to 3 to 10 years in prison, depending on the nature of the crime being conspired. You could also face significant fines and probation after your sentence is completed.
Misdemeanor Conspiracy: If the crime being conspired is a misdemeanor, the penalties are typically less severe but still include jail time, fines, and probation.
Additionally, a criminal conviction for conspiracy can lead to a permanent criminal record, making it harder to secure employment, housing, or other opportunities in the future.
6. Work with Your Attorney on Potential Plea Deals or Negotiations
In some cases, it may be possible to negotiate a plea deal with the prosecution to reduce the charges or secure a lighter sentence. Your attorney can negotiate on your behalf to seek the best possible outcome, whether that’s a reduction in charges, a more lenient sentence, or even the dismissal of charges.
Contact Frank Walker Law Today
Being charged with criminal conspiracy in West Virginia is a serious matter, but it’s important to know that you don’t have to face it alone. At Frank Walker Law, we have extensive experience defending clients against conspiracy charges and other criminal offenses. Our team is committed to protecting your rights and helping you navigate the complexities of the criminal justice system.
If you’ve been charged with criminal conspiracy, don’t wait to get legal help. Contact us today for a free consultation. We’ll review your case, explain your options, and work tirelessly to achieve the best possible outcome for you.
Let us put our expertise to work for you—call us today!
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.